Scottish Court of Session Decisions

This was an appeal from the Sheriff of the Lothians. When the case appeared in the Single Bills the respondent objected to the competency of the appeal, on the ground that the appellant had not complied with section 3, sub-section 1, of the Act of Sederunt 10th March 1870, which provided that “the appellant shall, during session, within fourteen days after the process has been received by the Clerk of Court, print and-box the note of appeal, record, interlocutors, and proof, if any,” unless the Court should have dispensed with printing, and if the appellant should fail within the said period of fourteen days to print and box the papers required as aforesaid it was further provided that he was to be held to have abandoned his appeal, and not entitled to insist therein except upon being reponed, as provided by the 3d sub-section of the same section. The process in the present case was received by the Clerk of the First Division on December 2, and the note of appeal, record, and interlocutors were duly boxed thereafter in terms of the above provision of the Act of Sederunt. But there was a proof, which the appellant omitted to box within the prescribed period, owing, as he averred, to the mistake of one of his agent's clerks, and he endeavoured to comply with the Act of Sederunt by printing and boxing the proof as soon as the omission was noticed.

The appellant cited Young v. Brown, February 19, 1875, 2 R. 456; Walker v. Reid, May 12, 1877, 4 R. 714; Muir v. Mackenzie, October 15, 1881, 19 Scot. Law Rep. 3.

The respondent cited Robertson v. Barclay, November 27, 1877, 5 R. 257.